OSHA Inspection: RAY CLEARING, INC.

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.266(d)(1)(iv): The employer did not provide, at no cost to the employee, and/or assure that each employee who operated a chain saw wore ballistic nylon leg protection or other  leg protection which the employer had demonstrated provides equivalent protection:    (a) Imperial Coal Tract, Cabin Creek: An employee was using a Stihl MS461 chainsaw with a 20" bar to fell trees and was not wearing leg protection, as determined on August 4, 2015.       ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.266(d)(1)(v): The employer did not assure that each employee wore  foot protection, such as heavy-duty logging boots, that were waterproof or water repellant, and/or that covered and provided support to the ankle, and protected the employee from penetration by chain saws:    (a) Imperial Coal Tract, Cabin Creek: An employee was wearing a leather boot that was not heavy duty while using a Stihl MS461 chainsaw with a 20" bar to fell trees, as determined on August 4, 2015.       ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.266(d)(1)(vi): The employer did not provide, at no cost to the employee, and/or assure that each employee who worked in an area where there was potential for head injury from falling or flying objects wore head protection meeting the requirements of subpart I of Part 1910:    (a) Imperial Coal Tract, Cabin Creek: An employee was cutting and manually felling trees and was not wearing head protection, as determined on August 4, 2015.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.266(d)(1)(vii)(A): The employer did not provide, at no cost to the employee, and ensure that each employee wear eye protection meeting the requirements of subpart I of Part 1910 where there was potential for eye injury due to falling or flying objects:    (a) Imperial Coal Tract, Cabin Creek: An employee was not wearing eye protection while cutting and manually felling trees, as determined on August 4, 2015.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.266(d)(1)(vii)(B): The employer did not provide, at no cost to the employee, and ensure that each employee wear face protection meeting the requirements of subpart I of Part 1910 where there was potential for facial injury such as, but not limited to, operating a chipper:  (a) Imperial Coal Tract, Cabin Creek: An employee was not wearing face protection while cutting and manually felling trees, as determined on August 4, 2015.   ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.266(d)(2)(i): The employer did not provide first-aid kits at each work site where trees were being cut, at each active landing, and/or on each employee transport vehicle:    (a) Imperial Coal Tract, Cabin Creek: A first-aid kit was not located in the cutting/felling area, as observed on or about August 4, 2015 and times prior.    (b) Imperial Coal Tract, Cabin Creek: A first-aid kit was not located on the 1993 Barko 160B Loader, as observed on or about August 4, 2015 and times prior.    (c) Imperial Coal Tract, Cabin Creek: A first-aid kit was not located on the 2005 CAT 321C Excavator, as observed on or about August 4, 2015 and times prior.      (d) Imperial Coal Tract, Cabin Creek: A first-aid kit was not located on the 2005 CAT D5N Dozer, as observed on or about August 4, 2015 and times prior.          ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM.

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.266(d)(2)(ii): Each first aid kit did not contain the items listed in Appendix A at all times:  (a) Imperial Coal Tract, Cabin Creek: The one first aid kit that was onsite located in a company truck at the landing did not include 8X10 gauze pads, triangular bandages, scissors, blanket, tweezers, adhesive tape, latex gloves, or directions for requesting emergency assistance, as observed on or about August 4, 2015 and times prior.   ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.266(d)(3)(ii): For each vehicle or machine (equipped with ROPS/FOPS or overhead guards), including any vehicle or machine provided by an employee, the employer did not assure that each employee used the available seat belt while the vehicle or machine was being operated:    (a) Imperial Coal Tract, Cabin Creek: Employees were operating a CAT D5N Bulldozer without using a seatbelt, as determined on August 4, 2015 and at times prior.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.266(i)(11): The employer did not hold safety and health meetings as necessary and at least each month for each employee:  (a) Imperial Coal Tract, Cabin Creek: Monthly safety and health meetings were not held with employees, as determined on August 4, 2015 and times prior.   ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 16, 2015

Penalty

Initial $1,200 · Current $600 Reduced

General-duty citation text

29 CFR 1910.266(d)(4): The employer did not provide and maintain portable fire extinguishers on each machine and vehicle in accordance with the requirements of subpart L of part 1910:    (a) Imperial Coal Tract, Cabin Creek: The ABC portable fire extinguisher on the Barko 160B Loader, was not inspected monthly, was not fully charged, and was not subjected to a yearly maintenance check, as determined on or about August 4, 2015 and times prior.    (b) Imperial Coal Tract, Cabin Creek: The ABC portable fire extinguisher on the CAT 321C Excavator was not inspected monthly, was not subjected to a yearly maintenance check, and was located behind a metal beam of the machine structure and not accessible, as determined on or about August 4, 2015 and times prior.    (c) Imperial Coal Tract, Cabin Creek: The ABC portable fire extinguisher on the CAT D5N Dozer was not inspected monthly and was not subjected to a yearly maintenance check, as determined on or about August 4, 2015 and times prior.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.266(d)(6)(iii): Each employee performing a logging operation at a logging work site did not work in a position or location that was within visual or audible contact with another employee:    (a) Imperial Coal Tract, Cabin Creek; Cutting area: The dozer operator and cutter were not within visual or audible contact with each other at all times during logging operations, as determined on or about August 4, 2015 and times prior.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $1,600 · Current $800 Reduced

General-duty citation text

29 CFR 1910.266(d)(9)(i): Flammable and combustible liquids were not stored, handled, transported, and used in accordance with the requirements of subpart H of Part 1910.    (a) Imperial Coal Tract, Cabin Creek: Gas and oil used primarily for chainsaws was stored, handled, and transported in reused coolant and chain bar containers that did not have spring-closing lids and spout covers, as observed on August 4, 2015.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.266(e)(1)(i): The employer did not assure that each hand and portable powered tool, including any tool provided by an employee, was maintained in serviceable condition.    (a) Imperial Coal Tract, Cabin Creek: The Stihl MS461 chainsaw with a 20 inch bar was being operated with a broken chain catch, as determined on or about August 4, 2015 and times prior.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 16, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.266(e)(1)(ii): The employer did not assure that each tool, including any tool provided by an employee, was inspected before initial use during each workshift:  (a) Imperial Coal Tract, Cabin Creek: An employee was using a Stihl MS461 chainsaw with a 20 inch bar that had a broken chain catch and had not been inspected prior to initial use during their workshift, as determined on or about August 4, 2015 and times prior.   ABATEMENT CERTIFICATION FOR THIS ITEM IS REQUIRED.

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.266(f)(2)(viii): An employee other than the operator was riding a mobile vehicle without the use of a seatbelt or other protection equivalent to that provided for the operator.    (a) Imperial Coal Tract, Cabin Creek: The employees rode as passengers on the dozer from the landing to the cutting area, without the use of an assigned seat and seat belt, as determined on or about August 4, 2015 and times prior.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.266(h)(2)(ii): Before each tree is felled, conditions such as, but not limited to, snow and ice accumulation, the wind, the lean of tree, dead limbs, and the location of other trees, was not evaluated by the feller and precautions taken so a hazard is not created for an employee.    (a) Imperial Coal Tract, Cabin Creek: The feller was not evaluating or taking precautions for conditions such as, but not limited to, the location of other trees as evident by trees being felled into other trees, as determined on August 4, 2015 and times prior.       ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.266(i)(10)(i): The employer did not verify compliance with paragraph (i) of this section by preparing a written certification record containing the name or other identity of the employee trained, the date(s) of the training, and the signature  (a) Imperial Coal Tract, Cabin Creek: Training is not provided for employees working on the logging sites nor is previous training documented and certified as evident by such factors as trees being improperly felled and the lack of personal protective equipment used while cutting, as determined on August 4, 2015 and times prior.    ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM.

Issued

Dec 4, 2015

Abate by

Dec 16, 2015

Penalty

Initial $2,800 · Current $1,400 Reduced

General-duty citation text

29 CFR 1910.266(h)(2)(v): The undercut was not of a size so the tree would not split and would fall in the intended direction:    (a) Imperial Coal Tract, Cabin Creek: Undercuts exceeding 1/3 the diameter of the tree were made as evident by the pulled fibers visible on the stump, as determined on or about August 4, 2015 and times prior.       ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $2,400 · Current $1,200 Reduced

General-duty citation text

29 CFR 1910.266(i)(7)(i): The employer did not assure that each employee, including supervisors, had received first-aid and CPR training meeting at least the requirements specified in Appendix B:    (a) Imperial Coal Tract, Cabin Creek: Employees working on a logging site performing logging operations were not trained in First Aid and CPR, as determined on or about August 4, 2015 and times prior.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 23, 2015

Penalty

Initial $1,200 · Current $600 Reduced

General-duty citation text

29 CFR 1910.1200(e)(1): Employer had not developed or implemented a written hazard communication program included the requirements outlined in 29 CFR 1910.1200(e)(1)(i) and (e)(1)(ii).    (a) Imperial Coal Tract, Cabin Creek: The employer did not develop or implement a hazard communication program that address the hazardous flammable chemicals used onsite, such as, but not limited to gasoline and diesel fuel, as determined on or about August 4, 2015 and times prior.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 14, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(h): Employees were not provided effective information and training as specified in 29 CFR 1910.1200(h)(1) and (2) on hazardous chemicals in their work area at the time of their initial assignment and whenever a new hazard was introduced:   (a) Imperial Coal Tract, Cabin Creek: Employees were not provided training on the new SDS (safety data sheets) and label formats on materials used at the logging site such as gasoline, a flammable material, as determined on or about August 4, 2015 and times prior.   ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 16, 2015

Penalty

Initial $0 · Current $0

General-duty citation text

29 CFR 1910.1200(f)(6)(ii): Except as provided in 29 CFR 1910.1200(f)(7) and 29 CFR 1910.1200(f)(8), the employer did not ensure that each container of hazardous chemicals in the workplace was labeled, tagged or marked with the product identifier and words, pictures, symbols, or combination thereof, which provide at least general information regarding the hazards of the chemicals and which, in conjunction with the other information immediately available to employees under the hazard communication program, would provide employees with the specific information regarding the physical and health hazards of the hazardous chemical.  (a) Imperial Coal Tract, Cabin Creek: An employee was utilizing unlabeled secondary containers to store, handle and transport hazardous chemicals, such as, gasoline, as observed on or about August 4, 2015 and times prior.    ABATEMENT CERTIFICATION IS REQURED FOR THIS ITEM

Issued

Dec 4, 2015

Abate by

Dec 16, 2015

Penalty

Initial $400 · Current $200 Reduced

General-duty citation text

29 CFR 1910.266(f)(3)(vii): For machines manufactured after August 1, 1996, the upper portion of each cab was not fully enclosed with mesh material with openings no greater than 2 inches (5.08 cm) at its least dimension, or with other materials which the employer has demonstrated provides equivalent protection and visibility.     (a) Imperial Coal Tract, Cabin Creek: Employees were utilizing a 2005 CAT D5N Dozer that was missing the cab door and offered no protection on the left side, as determined on or about August 4, 2015 and times prior.      ABATEMENT CERTIFICATION IS REQUIRED FOR THIS ITEM